The American Immigration Council’s fact sheet describes some of the options available to entrepreneurs in the United States along with a description of various obstacles placed in their path by our Immigration Policy. The report bluntly indicates both that “Global competition for entrepreneurs is growing” and that “Although foreign entrepreneurs have consistently considered the United States a top destination, the U.S. immigration system often forces them to leave.”

It is unfortunate that the Land of the Free and the Home of the Brave has also become the Realm of Red Tape.

Multiple studies have indicated that America is no longer the only go-to country for foreign entrepreneurs; a growing number of would-be entrepreneurs are choosing to start their businesses in countries that offer greater financial and social incentives. As a result, the United States is losing out on the new businesses, jobs, tax revenue, and innovation that these entrepreneurs could be generating for the U.S. economy. Meanwhile, other countries (such as India and China) are implementing policies that persuade their own best and brightest to remain at home, while also attracting talent from other nations through new entrepreneurial programs.
In short, entrepreneurs seeking the greatest opportunity for themselves and their families can choose from a range of countries. While job availability, wages, and working conditions are important in making this decision, so are a number of other considerations—such as how much red tape and bureaucracy is involved in the initial visa process, a possible future job change, the adjustment from a temporary to a permanent immigration status, and the process of bringing family members from the home country to the United States.

USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. USCIS has also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents. This rule goes into effect on Jan. 17, 2017.

Among other things, DHS is amending its regulations to:

Clarify and improve longstanding DHS policies and practices implementing sections of the American Competitiveness in the Twenty-First Century Act and the American Competitiveness and Workforce Improvement Act related to certain foreign workers, which will enhance USCIS’ consistency in adjudication.

Better enable U.S. employers to employ and retain high-skilled workers who are beneficiaries of approved employment-based immigrant visa petitions (Form I-140 petitions) while also providing stability and job flexibility to these workers. The rule increases the ability of these workers to further their careers by accepting promotions, changing positions with current employers, changing employers and pursuing other employment opportunities.

Improve job portability for certain beneficiaries of approved Form I-140 petitions by maintaining a petition’s validity under certain circumstances despite an employer’s withdrawal of the approved petition or the termination of the employer’s business.

Clarify and expand when individuals may keep their priority date when applying for adjustment of status to lawful permanent residence.

Allow certain high-skilled individuals in the United States with E-3, H-1B, H-1B1, L-1 or O-1 nonimmigrant status, including any applicable grace period, to apply for employment authorization for a limited period if:

They are the principal beneficiaries of an approved Form I-140 petition,

An immigrant visa is not authorized for issuance for their priority date, and

They can demonstrate compelling circumstances exist that justify DHS issuing an employment authorization document in its discretion.

Such employment authorization may only be renewed in limited circumstances and only in one year increments.

Clarify various policies and procedures related to the adjudication of H-1B petitions, including, among other things, providing H-1B status beyond the six year authorized period of admission, determining cap exemptions and counting workers under the H-1B cap, H-1B portability, licensure requirements and protections for whistleblowers.

Establish two grace periods of up to 10 days for individuals in the E-1, E-2, E-3, L-1, and TN nonimmigrant classifications to provide a reasonable amount of time for these individuals to prepare to begin employment in the country and to depart the United States or take other actions to extend, change, or otherwise maintain lawful status.

Establish a grace period of up to 60 consecutive days during each authorized validity period for certain high-skilled nonimmigrant workers when their employment ends before the end of their authorized validity period, so they may more readily pursue new employment and an extension of their nonimmigrant status.

Automatically extend the employment authorization and validity of Employment Authorization Documents (EADs or Form I-766s) for certain individuals who apply on time to renew their EADs.

Eliminate the regulatory provision that requires USCIS to adjudicate the Form I-765, Application for Employment Authorization, within 90 days of filing and that authorizes interim EADs in cases where such adjudications are not conducted within the 90-day timeframe.

A well written article by Mr. Mike Lawrence of Steamboat Today sheds light on a dilemma faced by all dependent children of E-2 (and other) nonimmigrant visa holders. Once a nonimmigrant visa holder’s child reaches 21 years of age, the child may no longer retain a dependent visa based on a principle parent’s status and must obtain an independent status or visa within the US, regardless of how long they have lived in the U.S. The subject of Mr. Lawrence’s article, Mr. Mark Dennis, 19, has lived in the US since he was approximately four months old.

As indicated above, affected individuals do have the option to change their status/obtain a different visa, F-1 (student) for example, which is a popular option in these situations. F-1 status would serve as a good option for Mr. Dennis, who presently attends the

University of Colorado in Boulder. Mr. Lawrence does mention the student visa option, but states that “…under current law [Mr. Dennis] would have to return to England…” and that once there, “…current law states he would have to develop strong ties there — through property ownership or employment, for example — before a potential return to CU on an international student visa…”

To summarize, Mr. Lawrence appears to incorrectly indicate that only two potential solutions exist for Mr. Dennis’ dilemma,

1. The DREAM Act , which has been kicking around DC for years (only to be dusted off, raised high and carried into the spotlight come election season). This years incarnation was defeated again recently, and so unfortunately remains only (and literally) a dream, or,

2. Mr. Dennis returns to the UK, a country with which he is “unfamiliar“, and acquire property ownership and/or employment and then possibly return to the US with an F-1 student visa after an interview with a U.S. Consular officer in the UK. (See my 2005 blog entry about this option – and the dreaded 214(b) of the INA.)

Mr. Lawrence has not included the best option for Mr. Dennis,

3. File an I-539 Change of Status petition – from E-2 dependent to F-1 Student – prior to Mr. Dennis reaching 21 years of age. There is a $300.00 petition fee payable to the Department of Homeland Security. Mr. Dennis would have to obtain an I-20 from his University DSO, which could take as little as 20 minutes using the computerized SEVIS system. His school appears to be SEVIS accredited and able to provide this certification. He would attach a photocopy of his passport, his latest E-2 dependent paperwork and signed documentation from a financial guarantor. Finally, he would mail the full package to the applicable USCIS service center and wait a few months for an adjudication. While there is no guarantee of approval for this or any other petition before USCIS, the chances for approval are generally high, especially if the case is well documented. Mr. Dennis has approximately two years to file this petition for change of status (until the age of 21).

The central issue raised by the article, i.e., the substantial and positive impact the DREAM Act would have for affected young people (and I think, our society as a whole,) deserves greater prominence in politics and the media. With respect to Mr. Dennis, and in no way attempting to diminish his problem, it is important to include in my comments a short reference to those 19 year olds with no options, for example, a child of an undocumented immigrant. While an undocumented parent’s unlawful entry into the U.S. is presently not imputed to the child of said immigrant, if the child is not able to secure University admission and file a petition for a student visa by their 18th birthday (most children would be still attending high school), they will immediately begin accruing unlawful status. It is extremely difficult to obtain a waiver or an approved change of status if the child has any length of unlawful status. 180+ days of unlawful status and the child is barred from re-entering the U.S. for three years, 365+ days of unlawful status and the child is barred for ten years. The child now is now a 19+ year old young adult with few options and little hope. With few exceptions, she may not be change her status nor leave the U.S. for fear of the 3/10 year bar. The DREAM Act could provide these young people, [along with Mr. Dennis] with a real solution.

“It was an unusual sign, even for a restaurant here along the Maine coast, where seasonal home-grown businesses are a way of life.

“Closed. Gone to try and get a new visa,” read the hand-scrawled message taped inside the window of Laura’s Kitchen, a cozy eatery that specialized in corned beef hash and omelets and where the tiny tables were still set with brightly colored napkins. “Hope to see you in the spring. Dean & Laura.”

USCIS

USCIS

Vermont Service Center

ATTN: I-129

30 Houghton Street

St. Albans. VT 05478-2399

Form I-907/I129 E-mail address:

VSC-Premium.Processing @dhs.gov

Exceptions

· Form I-129 Filed for Temporary Employment or Training in More Than One Location:
When the temporary employment or training will be in different
locations, the state where your company or organization is located will
determine to which Service Center you should send your Form I-129
package. For example, if the beneficiary will work in Arizona and
Texas, and your company is located in New York, file Form I-129 with
the Vermont Service Center.

· H-1C Classification for Nurses: Mail the I-129 package to the Vermont Service Center, regardless of where the temporary H-1C nurse will be employed.

· R Classification for Temporary Religious Workers: Mail the I-129 package to the California Service Center, regardless of where the temporary religious worker will be employed.

· Major League Sports:
Mail the I-129 package to the Vermont Service Center, regardless of
place of temporary employment. This covers major league athletes,
minor league sports and any affiliates associated with the major
leagues in baseball, hockey, soccer, basketball, and football. Support
personnel includes coaches, trainers, broadcasters, referees, linesmen,
umpires, and interpreters.

· Change of Status or Extension of Stay Under Certain Free Trade Agreements:
Mail Form I-129 to the Vermont Service Center, regardless of the place
of temporary employment, if Form I-129 is filed to request a change of
status or extension of stay under one of the Free Trade Agreements
listed below.

o Change of Status to TN or TN Extension under Trade NAFTA for Nationals of Canada or Mexico.

o Change of Status to H-1B1 or Extension of H-1B1 Stay for Nationals of Singapore and Chile.

o Change of Status to E-3 or Extension of E-3 Stay for Nationals of Australia.

§ Initial Classification Under Certain Free Trade Agreements:DO NOT use Form I-129 to apply for initial classification under one of the Free Trade Agreements listed below.

o Initial TN Classification for Nationals of Mexico (outside the United States):
To obtain more information on the application process for initial TN
classification, please visit the U.S. Department of State’s TN Visa
website. [add link here]

o Initial TN Classification for Nationals of Canada (outside the United States: 8 CFR 214.6[add link] for information on applying for initial TN admission at a U.S. port of entry. Please see

o Initial E-3 Classification Under the Australian Free Trade Agreement: To obtain more information on applying for initial E-3 classification, please visit the U.S. Department of State’s website. [add link here].

The Department of State informed AILA’s DOS Liaison Committee that consular posts in Italy have decided to consolidate E visa processing in Rome and Milan, effective Jan 1, 2007. E visa applicants in the Florence and Naples consular districts will be asked to apply in Rome, but may also apply in Milan providing they are residents, or are physically present in Italy.

Effective December 1, 2006, the California Service Center (CSC) will no longer fax approval notices forpremium processing cases. Due to a significant increase in receipts and the time expended on faxing copies ofthe notices, we are eliminating this step of the process. This change in process will increase efficiency andallow our customers to receive notices in a more timely manner. The CSC will continue to fax all requests forevidence relating to premium processing cases.

WASHINGTON, D.C. – U.S. Citizenship and Immigration Services (USCIS) announced today the addition of three new categories to the Premium Processing Service, which allows U.S. businesses to pay a $1,000 Premium Processing fee in exchange for 15-calendar-day processing of their case.

• EB-1, outstanding professors and researchers,• EB-2, members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver, and• EB-3, workers other than skilled workers and professionals (i.e., unskilled labor requiring less than two years of training or experience.

Under the Premium Processing Service, USCIS guarantees petitioners that, for a $1,000 processing fee, it will issue either an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt. If the petition is not processed within 15 calendar days, USCIS will refund the $1,000 fee and continue to process the request as part of the Premium Processing Service. In addition to faster processing, petitioners who participate in the program may use a dedicated phone number and e-mail address to check on the status of their petition or ask any other questions they may have concerning their petition. Premium Processing Service continues to be available for previously designated classifications within Form I-140 and Form I-129, Petition for Nonimmigrant Worker.

Since 2001, Premium Processing Service has been available for several classifications within Form I-129, including E Treaty Traders and Investors, H-1B Specialty Occupation Workers, H-2B Temporary Workers performing non-agricultural services, H-3 Trainees, L Intracompany Transferees, O Aliens of Extraordinary Ability and those performing essential support services, P Performers and Athletes and those performing essential support services, and Q international Cultural Exchange Visitors, R Religious Workers and NAFTA Professionals from Canada and Mexico. Form I-129 petitions for those nonimmigrant worker classifications will continue to be eligible for Premium Processing Service unless the filing period has closed (for example, when the annual cap for a specific visa has been reached.)

Also, since August 28, USCIS began accepting Premium Processing Service requests for petitions involving two other immigrant visa categories, the EB-3 Professionals, (i.e. immigrant workers with bachelor degrees who are members of the professions), and EB-3 Skilled Workers, (i.e. immigrant workers capable of performing skilled labor requiring at least two years of education, training or experience). Employers file for both of these immigrant visa categories using the Immigrant Petition for Alien Worker (Form I-140) as well.

The processing period that is used to determine whether or not USCIS
meets the 15 calendar day period will begin when the current version of
Form I-907
is received by USCIS at the correct filing address noted on the form.
Within the 15 day calendar period USCIS will issue an approval notice,
or where appropriate, a notice of intent to deny, a request for
evidence or open an investigation for fraud or misrepresentation. If
the notice requires the submission of additional evidence or of a
response to intent to deny, a new 15 calendar day period will begin
upon the delivery to USCIS of a complete response to the request for
evidence or notice of intent to deny.

Who is eligible?

The chart below sets forth the forms, designated classifications
within each form type, and current availability and termination dates
for premium processing service.

Petitioners
that meet requirements may file a blanket petition seeking continuing
approval of itself and some or all of its parent, branches,
subsidiaries, and affiliates as qualifying organizations

L-BLANKET

June 1, 2001

Aliens of extraordinary ability or achievements in the sciences, arts, education, business, or athletics

O-1

June 1, 2001

Aliens providing essential support services for a principal O-1 alien

O-2

June 1, 2001

Internationally recognized athlete or member of an internationally recognized entertainment group

P-1

June 1, 2001

Essential
Support Alien, highly skilled, that performs support services which are
essential to the successful performance of the principal P-1 alien

P-1S

June 1, 2001

Artist or Entertainer under a Reciprocal Exchange Program

P-2

June 1, 2001

Essential
Support Alien, highly skilled, that performs support services which are
essential to the successful performance of the principal P-2 alien

P-2S

June 1, 2001

Artist or Entertainer in a Culturally Unique Program

P-3

June 1, 2001

Essential
Support Alien, highly skilled, that performs support services which are
essential to the successful performance of the principal P-3 alien

P-3S

June 1, 2001

International cultural exchange aliens

Q-1

June 1, 2001

Alien in a Religious occupation

R-1

July 30, 2001

NAFTA professional, Canada

TN1-CANADA

July 30, 2001

NAFTA professional, Mexico

TN2-MEXICO

July 30, 2001

* The availability date is the date that the classification was initially deemed eligible for Premium Processing Service.

** The termination date reflects
the last day that USCIS accepted filings requesting that specific
classification. If a date is entered in this column, that
classification is currently ineligible for filing because of cap
restrictions or other processing restrictions.

May the beneficiary of a visa petition seek Premium Processing Service?

No, except
in cases where the petition is eligible to be filed as a self-petition
(i.e., the petitioner and the beneficiary are the same). Otherwise,
only the visa petitioner, or the attorney or representative who has
filed a notice of appearance (Form G-28)
on behalf of the visa petitioner, may request Premium Processing
Service for designated visa petition adjudications. The petitioner,
attorney or representative, or beneficiary may pay the $1,000 Premium
Processing fee, but the beneficiary cannot sign or file the Form I-907.

If you are already in possession of a Form I-907, please use this
webpage, Forms and Fees, to verify that your version of Form I-907 is
still current. This can be done by comparing the Forms and Fees webpage
which includes the “edition” date that USCIS is currently accepting and
the edition date on your Form I-907. The edition date, which is
referenced as (Rev. xx/xx/xx) is located in the lower right corner on
every page of the form and instructions. If the edition date on your
Form I-907 matches the date or dates, if applicable, on the Forms and
Fees webpage, your version of Form I-907 is current and will be
accepted by USCIS. If there is a designation “N” shown after the
edition date on the Forms and Fees webpage, please note that USCIS will
not accept any other editions of the form.

How do I file a request for Premium Processing Service?

You must
complete and sign Form I-907, Request for Premium Processing Service,
in accordance with the instructions on the current version of the form.
You must file the concurrently filed Form I-907 with Form I-129 or Form
I-140 at the Service Center designated as the appropriate filing
location on the instructions to the Form I-907. If you filed Form I-129
or the Form I-140 and you now wish to request Premium Processing
Service, file Form I-907 with the Service Center where the Form I-129
or Form I-140 is currently pending. Submit a copy of the Form I-129 or
Form I-140 filing receipt. If you received a transfer notice, it is very important
that you include a copy of it and that you submit your filing to the
transfer location. If a petitioner or applicant erroneously filed a
concurrent or standalone Form I-907 at the wrong service center, USCIS
will not reject the filing, but instead will forward the filing to the
correct service center having jurisdiction over the petition or
application. For an incorrectly filed Form I-907, the 15 calendar day
period will start on the date the file is received at the correct
service center as indicated in the Form I-907 filing instructions.

Are there any additional conditions of availability being placed on the Premium Processing Service at this time?

Yes. This
will accord USCIS the flexibility to adapt to contingencies affecting
its ability to provide Premium Processing Service. Premium Processing
Service is available for the Form I-140 classifications indicated on
the chart above provided that the case does not involve:

A second filing of a Form I-140 petition while an initial Form I-140 remains pending;

Labor Certification substitution requests, unless the original
labor certification is submitted with the Form I-140 requesting the
substitution; and

Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).

USCIS is
prescribing these additional conditions of availability on Premium
Processing for Form I-140 because of their special processing
requirements, including locating and transferring other files or
documents internally and requesting initial evidence from an outside
agency, that make it difficult for USCIS to guarantee that it will
process the case within a 15 calendar day period.

What is the fee for this service?

The fee for this service is $1,000. The Premium Processing Service fee
may not be waived. In addition to the Premium Processing Service fee,
all other filing fees relating to the specific form(s) for which you
are requesting Premium Processing Service must also be submitted. The
Premium Processing Service fee must be submitted in a separate
check or money order. The petitioner, attorney or representative, or
beneficiary may pay the $1,000 Premium Processing Service fee, but the
beneficiary cannot sign or file the Form I-907. If e-filed, USCIS
accepts credit card, debit card, or electronic transfer of funds from a
checking or savings account from a U.S. bank.

Are there any additional benefits to the program?

Yes. USCIS has provided not only a unique mailing address for its
Premium Processing Service customers, but it has also established a
special phone number and e-mail address for each of the Service
Centers. These special communication channels will be available only to
Premium Processing Service customers.

USCIS is also collecting, on the Form I-907, your phone number, fax
number and e-mail address so that we can send you (the petitioner or
attorney) an automatic e-mail notifying you of the receipt of your Form
I-907, Request For Premium Processing Service. If the underlying form
for which you requested Premium Processing Service is approved, we will
send an automatic e-mail notifying you of the approval. It is important that you provide this information so that USCIS may correspond with you in the most appropriate manner.

In addition and at no additional cost, USCIS will strive to provide
faster processing of Form I-539 applications filed by or on behalf of
dependents of the principal beneficiary of a petition for which Premium
Processing Service has been requested if the Form I-539 is filed at the same time. USCIS provides this service as a courtesy. Consequently, it cannot guarantee faster processing of the Form I-539.

Does this program have any effect on the USCIS’ previous expedite practices?

Yes. The discretionary expedite requests will no longer be available
for those classifications designated as eligible for Premium Processing
Service; however, petitioners designated as not-for-profit entities by
the Internal Revenue Service may continue requesting discretionary
expedited service as they have in the past or they may choose to pay
the Premium Processing fee and utilize that service. If the criteria
for a discretionary expedite are not met, the not-for-profit petitioner
still has the option of requesting of Premium Processing upgrade by
filing Form I-907 with fee.

How will the USCIS manage those categories that have an annual limit in relation to this faster processing?

USCIS
does not believe that individuals who pay for Premium Processing
Service on petitions filed for nonimmigrant classifications that are
subject to annual limitations will have an unfair access to these
limited immigration programs.

For cap-subject H-1B and H-2B petitions, USCIS will apply a random
selection process to all petitions (whether or not Premium Processing
Service is requested) received on the date when a sufficient number of
petitions have been received to reach the applicable numerical limit
(“final receipt date”). Petitions that are accepted through this random
selection process are adjudicated to completion. For H-1B cases, USCIS
will return the fees to the petitioner and hold the cases that were filed ON the cut-off day
but were not selected in the random process. This way, if USCIS does
not use all of the projected H-1B1 Singapore/Chile cap cases (which
count towards the H-1B cap), additional H-1B cap cases will be taken in
order from the list of cases that were held. Those petitioners will
then be notified to re-submit the fees. All H-1B cap cases filed AFTER the cut-off day are rejected along with the fees.

Cases subject to the H-2B cap that were not selected in the random process, and H-2B cases that were filed AFTER the cut-off day
are rejected along with the fees. Unlike the H-1B cap cases, there is
no need to hold the H-2B cap cases that were not selected because there
are no special provisions that apply to the H-2B cap cases like there
are with the H-1B cap cases, i.e. H-1B1 Singapore/Chile cap cases.

In order to ensure equitable access to other cap-subject nonimmigrant
classifications to which USCIS does not currently apply a random
selection process, USCIS will temporarily terminate the availability of
Premium Processing when it becomes clear that the demand will exceed
the annual numerical limitation (e.g., when the USCIS has a pending
volume of petitions sufficient to reach the limitation). This
termination of procedure will ensure that all petitioners have
equitable access to these limited immigration programs.

Can
I contact a USCIS Service Center if I have not filed a request for
Premium Processing Service yet but have questions about the program?

No, you
cannot contact the Service Centers directly unless you have already
filed Form I-907, Request for Premium Processing Service, for the
underlying Form I-129 or Form I-140. The Premium Processing toll-free
phone number and e-mail addresses listed on Form I-907 are dedicated
only to customers who have already submitted a request for Premium
Processing Service. If you have not requested Premium Processing
Service, you can call the Customer Service toll free phone number at
(800) 375-5283 for general information about the program.

How do I contact the Service Center concerning the Premium Processing request that I filed?

The
unique mailing address for each of the Service Centers is listed on the
instructions to the Form I-907. Additional contact information for each
Service Center will be provided to you on your receipt notice and will
also be provided on this Website.

If you have already filed a Request for Premium Processing Service
and you need to contact the Service Center, call the Premium Processing
Toll Free phone number at 1-866-315-5718. You will need to have your
receipt number when you call, because this phone number is only for
inquiries relating to Premium Processing Service.

WHAT is the easiest way to legally enter the US? Love. Fall in love with an American citizen, get married and you’re in. Unfortunately, not everyone can rely on romance. Only select few like Australians can breeze into the country.

Most people have to work their way into the US. But to do that, you need to find a job, a company willing to sponsor you and then apply for one of the country’s precious H1B visas.

With up to 100,000 applications filed each year (that’s where the US Government cuts it off), getting one of the 65,000 H1Bs given out annually is a bit like winning the lottery.

The same is true for other highly coveted visas like the L1 work visa, which enable multinational firms to transfer employees and executives to the US. For would-be immigrants, such visas can often lead to the ultimate golden ticket: a US green card, 140,000 of which are available each year.

Clearly, there just aren’t enough visas or green cards to go around. “Those caps are both backed up,” says Crystal Williams, deputy director for programs at the American Immigration Lawyers Association. That means it can take years to legally enter the US workforce.

That is unless you happen to be a university professor, nurse, physical therapist or work in any one of several professions that are in such great demand you’re practically guaranteed a US visa. It also helps if your home nation has signed a free trade agreement with the US.

“(But) need is the very first step,” says Chris Bentley, a spokesperson with US Citizenship and Immigration Services.

“We’re looking for people that have some type of skill and whose job is in demand here in the US.” In the late 1990s, software engineers and other IT specialists were in demand. Now, immigration lawyers say, they’re a dime a dozen and aren’t usually successful getting into the country.

Topping America’s most wanted list these days: academics. Bentley says that someone petitioning to teach Medieval History is more likely to get approved than an accountant because the professor position is specialised and more difficult to fill.

“With other professions, employers have to test the labour market to see if someone else is qualified and willing to do the job that’s offered,” says Elizabeth Kirberger an immigration attorney who practices in New York.

“With a college professor, the standard is different. Employers get to pick the most highly qualified, but there’s no particular standard for that. You flesh out (the argument for that) in the application.” That’s because there aren’t enough American professors to fill the available jobs.

The same goes for nurses and physical therapists. According to The American Hospital Association, the country will need 2.8 million nurses by 2020, but only 2 million will be available.

Still, foreign nurses should be mindful of a few caveats. According to Greg Siskind , founding partner of the immigration law firm Siskind Susser, nurses aren’t eligible for temporary work visas. They can only enter the country as green card applicants; a process that can take two years. While that may sound like an eternity, foreign nurses have a relatively easy time finding hospitals and companies willing to sponsor them.

“As an employer, hiring two years ahead of time is not ideal. But because of the shortage, employers are willing to do it,” says Mr Siskind.

You’re also in luck if you’re especially talented in the arts or in sports. Artists and athletes can get in with virtually no hold-up. But you can’t just brag your way into the US.

But remember, immigration is ultimately a numbers game. The limited number of H1Bs and green cards available each year is first divvied up into categories and further divided among certain nationalities. Immigration officials can reconfigure the numbers based on need and demand. For instance, the quota for nurses from India may get maxed out before the quota set for Scandinavian nurses.

Aside from professions, some nationalities have a breeze coming into this country.

Last year, Congress created a new visa class: the E-3, which is solely for Australian workers. That means there are up to 10,000 slots for our friends down under – that’s separate from the 65,000 cap. There’s also an exemption for workers from Singapore and Chile because of the free trade agreements with those countries.

While the demand will continue to exceed the supply of US visas and green cards, achieving the “American Dream” is still possible. But working toward that goal is a lot easier when you know which jobs can get you in the country to begin with.

The Department of Homeland Security (DHS) determines whether an alien can work in either employment or self-employment in the U.S. Under certain circumstances, DHS authorizes nonimmigrants to work. Some nonimmigrant aliens have employment authorization by virtue of their alien classification. Some can work but only for specific employers. Others must apply to DHS for employment authorization. Still others are not allowed to work while in the U.S. and cannot apply to DHS for authorization to work.

It is important to distinguish whether the alien can work and what document(s) is needed to establish authorization to work.

Required evidence for employment authorization is either a Form I-94, Arrival/Departure Record, showing a class of admission that indicates the person can work without specific DHS authorization (RM00203.500C.1.) or an employment authorization document (EAD) (Form I-766 or I-688.

DO NOT process an application for an SSN card for an alien for work purposes unless the alien is authorized to work and shows the appropriate immigration document authorizing work. See RM 00203.510 and RM 00203.560 for processing SS-5s to issue SSN cards for nonwork purposes.

the alien’s class of admission code as shown on the I-94 (the non-immigrant classifications shown on the I-94 with employment authorization inherent in status are listed in RM 00203.500C.1.); or

the stamp or annotation on the I-94 shows the alien has been admitted as a refugee (see RM 00203.460B.); or

the stamp or annotation on the I-94 shows the alien had been granted asylum (see RM 00203.460D.) ; or

the Executive Office of Immigration Review granted the alien asylum and issued an order stating this (see RM 00203.460D.); or

the DHS-issued Employment Authorization Document (EAD), either Form I-766 or I-688B.

the designated school official’s annotation on Form I-20 A-B for certain F-1s or documentation of on-campus work (see RM 00203.470 ); or

the category shown on the DS-2019 for J-1s or a sponsor’s letter if the J-1 category is “student” or “international visitor” (see RM 00203.480).

The documents listed above are the only documents which FOs may accept as evidence of employment authorization.

NOTE: In some situations, the alien was issued an I-94 when admitted to the U.S. Later, applied for another immigration benefit and DHS issued the alien an EAD card. The alien may apply for an SSN card after the I-94 expired. If the alien shows a currently valid EAD, this is acceptable proof of authorization to work. In this situation, do not consider the expired I-94 when making a decision about alien status/work authorization; consider only the current immigration document (the EAD card).

DHS issues Form I-766 and I-688B EAD cards to certain aliens regardless of age who are temporarily work authorized (see RM 00203.500C.2). The I-766 and I-688B are both standardized and uniform documents that provide evidence of authorization for the alien to accept temporary employment in the U.S.

Each card contains the following:

A statement of any regulatory limits on the time elements involved and a definite date as to when employment begins and ends (not indefinite).

A statement of any regulatory limits on the type of employment authorized (e.g., “A-5” or “274A.12 (A)(5)) or the statement “Without Further Limitation, “ if no such regulatory limits exist.

NOTE: DHS does not issue EAD cards to aliens lawfully admitted for permanent residence or nonimmigrants whose work authorization is incident to their class of admission.

The I-766 is a card produced mechanically by an integrated card processing system only at DHS service centers. Form I-688B is a manually prepared laminated card produced and issued at local USCIS offices servicing the area where the person resides.

The front of both cards contains the alien’s photograph, fingerprint (or “W” for waived in lieu of the fingerprint), signature, biographic information (name, date of birth), the provision of law or category allowing the alien to work, any restrictions as to type or length of employment authorization, and the date and place of issue.

The issuing office’s location code is on the right side of the photo box on the I-688B. This code is four letters which indicates the District or POE code and the specific workstation at that location that issued the card.

See the ACM for exhibits of authentic I-766 and I-688B cards.

REMINDER: Any EAD card that does not conform to these criteria is not acceptable.

In certain extreme situations DHS may automatically extend the validity period of the EAD card for a temporary period but may not affix an extension sticker to the card.

Generally, these are situations where the extension applies to a significant number of aliens who either previously applied for or were granted Temporary Protected Status (TPS) and were previously issued EAD cards by DHS. If the designated TPS period expires but the country cannot receive the TPS aliens back, DHS may extend the TPS period for certain people from that country. In certain cases, the expiration period of the previously issued EAD card may be automatically extended for a temporary period until DHS can process replacement EAD cards for all affected aliens (see RM 00203.500B.4.c. for EAD cards issued to nationals of certain countries that are currently automatically extended).

In these cases, SAVE will not verify that the EAD card has automatically been extended or show the new expiration date of the employment period until the replacement EAD card is issued. If the alien has not received the new EAD card and submits the expired EAD card, the online SAVE query response will show “Institute Additional Verification.” Although the validity period of the document has automatically been extended, the new expiration date is not reflected in the DHS system. You must send a G-845 to the appropriate DHS office to verify that the expired document was validly issued (see RM 00203.748).

b. Processing the SS-5 When the Validity of EAD Card Has Been Automatically Extended

To process the SS-5 through the SS-5 Assistant in this situation, enter on the POC/Proof of Alien Status screen the expiration date for the EAD card as “D/S;” and the “category” or “provision of law” as “Other.”

Since the SAVE query response will show “Institute Additional Verification,” use the SS-5 Assistant to generate Form G-845. Send the completed G-845 to the appropriate DHS office (see RM 00203.748for the appropriate DHS office address). The G-845 response from DHS will generally show item 12. a. checked (“This document is not valid because it appears to be expired.”). Therefore when DHS returns the G-845 with this response, in Update Mode of the SS-5 Assistant:

Select the “Full Time” and “Expires on” radio buttons and input the expiration date of (the date of the automatic extension).

Do not check block #12 “This document is not valid because it appears to be – expired” on the G-845 Section B. Screen in SS-5 Assistant because when you do this the case will remain in suspect status and you will not be able to clear the SS-5 application.

If DHS returns the G-845 and it shows a different response follow the appropriate instructions for the response provided (RM00203.740E.).

c. Automatic Extension of Validity Period of EADs issued to certain citizens/residents of Honduras and Nicaragua

DHS automatically extended until January 5, 2007, the EADs for certain Hondurans and Nicaraguans who applied for TPS and whose I-766 EAD cards expired on July 5, 2006.

DHS published notices in the Federal Register on March 31, 2006, about the extension of TPS for Honduras and Nicaragua and the automatic extension of employment authorization for certain nationals of these countries.

Because all aliens who qualify for this automatic extension have I-766 EAD cards and have continuously resided in the U.S. since December 30, 1998, most have been assigned SSNs but may apply for a replacement SSN card.

Many Honduran and Nicaraguan TPS re-registrants will not receive their new EAD cards until after their current I-766s expire. Therefore, DHS is automatically extending until January 5, 2007, the validity of I-766 EADs issued to certain nationals of Honduras and Nicaragua when the EAD cards expire on July 5, 2006. Re-registrants for TPS must apply to DHS for new EAD cards authorizing them to work after January 5, 2007.

Accept as valid through January 4, 2007, an I-766 EAD card for an alien who is a national of Honduras or Nicaragua when the I-766 expired on July 5, 2006 and shows the notation “A-12” or “C-19” on the face of the card under “Category.” Use the Numident record (when the person applies for a replacement SSN card), the alien’s expired I-94, or other evidence showing nationality to establish that he/she is a national of Honduras or Nicaragua.

When the G-845 shows “This document is not valid because it appears to be expired,” as the response for an EAD that expired on July 5, 2006, and the bearer is a national of Honduras or Nicaragua, presume the validity period of the EAD has automatically been extended until January 5, 2007. If the G-845 shows another response, follow RM 00203.740 E. (Procedure – Interpreting the G-845 Response).

When processing the SS-5 through the SS-5 Assistant, add the remark “HOND” or “NIC,” as appropriate in the Additional Remarks field on the Print Summary Screen.

d. Automatic Extension of Validity Period of EADs Issued to Certain Citizens/residents of El Salvador

DHS automatically extended until March 9, 2007, the EAD cards for certain El Salvadorans who applied for TPS and whose I-766 EAD cards expired on July 5, 2006 or whose cards will expire on September 9, 2006 or September 30, 2006.

DHS published a notice in the Federal Register on June 15, 2006, about the extension of TPS for El Salvadorans and the automatic extension of employment authorization for certain nationals of this country.

Because all aliens who qualify for this automatic extension of the validity period of the I-766 EAD cards have continuously resided in the U.S. since before March 9, 2001, most have been assigned SSNs but may apply for replacement SSN cards.

Many El Salvadoran TPS re-registrants will not receive their new EAD cards (with an expiration date of September 9, 2007) until after their current I-766 cards expire. Therefore, DHS is automatically extending until March 9, 2007, the validity of I-766 EAD cards issued to certain nationals of El Salvador when the EAD cards expired on July 5, 2006, or will expire on September 9, 2006, or September 30, 2006. Re-registrants for TPS must apply to DHS for new EAD cards authorizing them to work after March 9, 2007.

Accept as valid through March 8, 2007, an I-766 EAD card issued to an alien who is a national or resident of El Salvador when the I-766 card expired on July 5, 2006 or will expire on September 9, 2006, or September 30, 2006, and shows the notation “A-12” or “C-19” on the face of the card under “Category.” Use the Numident record (when the person applies for a replacement SSN card), the alien’s expired I-94, or other evidence showing nationality to establish that he/she is a national of El Salvador.

When the G-845 response shows “This document is not valid because it appears to be expired,” as the response for an EAD that expired on July 5, 2006, September 9, 2006, or September 30, 2006, and the bearer is a national of El Salvador, presume the validity period of the EAD card has automatically been extended until March 9, 2007 when the document shows “A-12” or “C-19” under Category. If the G-845 shows another response, follow RM 00203.740E. (Procedure – Interpreting the G-845 Response).

When processing the SS-5 through the SS-5 Assistant, add the remark “EL SAL” as appropriate in the Additional Remarks field on the Print Summary Screen.

The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. withoutspecific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.

For those with an asterisk (*), the principal alien, spouse, and child all have the same classification code. In some instances, both the husband and wife are both principal aliens when the classification is E-1, E-2. Accept their statements that both are principals.

For those with a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization. The E-1, E-2, and L-2 spouse is not required to apply to DHS for an EAD card as documentary evidence of work authorization but may choose to do so. When the E-1, E-2, or L-2 spouse applies for an SSN card and does not submit an EAD as evidence of employment authorization, he/she must submit, in addition to evidence of immigration status, evidence of a marital relationship to the principal E-1, E-2, or L-1 alien. The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document (issued prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant).

NOTE: Ask the alien whether he/she is the principal alien who is authorized to work or the spouse, child or other dependent of the principal alien and see RM 00203.500C.1,, RM 00203.500C.2., and RM 00203.500C.3. when the alien is the spouse (other than an E-1, E-2 or L-2 spouse) or child.

Class of Admission

Description

A-1*

Ambassador, public minister, career diplomat or consular officer

A-2*

Other foreign government official or employee

A-3*

Attendant, servant, or personal employee of principal A-1, or A-2

C-3*

Foreign government official in transit through the U.S.

E-1*

Treaty trader (principal)

E-1**

Spouse of principal E-1

When an EAD card is issued in these situations to an E-1 spouse, the I-766 shows “A-17” under Category and the I-688B shows “274a.12(A)(17)” under Provision of Law.

If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the principal E-1 alien

E-2*

Treaty investor (principal)

E-2**

Spouse of principal E-2

When an EAD card is issued in these situations to an E-2 spouse, the I-766 shows “A-17” under Category and the I-688B shows “274a.12 (A)(17)” under Provision of Law.

If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the principal E-2 alien

Temporary worker from Chile or Singapore under the U.S.-Chile and U.S-Singapore free trade agreements

H-1C

Registered nurse

H-2A

Agricultural worker

H-2B

Non-agrarian seasonal worker

H-2R

Returning H-2B worker (worker was previously admitted as H-2B, left the U.S. temporarily and is returning to the U.S.

H-3

Trainee

I*

Foreign information media representative

J-1

Exchange visitor (pursuant to an approved program) (See RM 00203.480) An exchange visitor whose DS-2019 shows the category as “international visitor” or “student” in item 4 of the form must provide a letter from the program sponsor as evidence of authority to work. Otherwise, presume the J-1 is authorized to work as part of the exchange program.

K-1

Fiancé(e) of U.S. citizen

L-1

Intracompany transferee

L-2**

Spouse or dependent of an intracompany transferee

When an EAD card is issued to an L-2 spouse, the I-766 shows “A-18” under Category and the I-688B shows “274a.12 (A)(18)” under Provision of Law.

If an EAD is not submitted, applicant must submit a marriage document as evidence that he/she is spouse of the L-1 alien

NATO-1 through 6*

NATO officer, representative, or personnel

NATO-7*

Attendant, servant, of personal employee of principal NATO-1 through 6

O-1

Alien with extraordinary ability in sciences, arts, education, business or athletics

O-2

Alien accompanying O-1

P-1

Internationally recognized athlete or entertainer in an internationally recognized group

P-2

Artist or entertainer in an exchange program

P-3

Artist or entertainer in a culturally unique program

Q-1

Cultural exchange visitor

Q-2

Irish Peace Process Cultural and Training Program Visitor

R-1

Religious worker with a nonprofit religious organization

TC

Professional business person, United States-Canada Free Trade Act (FTA)

TN

Professional business person from Canada or Mexico, North American Free Trade Agreement (NAFTA)

Refugee

Alien admitted pursuant to section 207 of the Immigration and Nationality Act (INA)

The I-766 shows “A-3” under Category; the I-688B shows “274a.12 (A)(3)” under Provision of Law.

Asylee

Asylee under 208 of the INA

The I-766 shows “A-5” under Category; the I-688B shows “274a.12 (A)(5)” under Provision of Law.

The following lists nonimmigrants, by alien class of admission, who are authorized to work only with authorization from DHS. Employment authorization for these aliens must be shown on an EAD. For those with an asterisk (*), the principal alien, spouse, and child all have the same classification code. The visa of the dependent may show the name of principal.

EXCEPTION: Employment authorization may be shown on the I-94 for a refugee or asylee, on Form I-20 A-B for curricular practical training (CPT) for an F-1, or on a sponsor’s letter for a J-1 whose category as shown in item 4 of the DS-2019 is “student” or “international visitor.”

Class of Admission

Description

A-1*, A-2*

Spouse or child of principal A-1, A-2 alien

The I-766 shows “C-1” under Category; the I-688B shows “274a.12 (C)(1)” under Provision of Law.

B-1

Visitor for business who is:

A personal or domestic servant accompanying or following a employer admitted to the U.S. as a nonimmigrant

A domestic servant accompanying or following a U.S. citizen employer (the employer has a permanent home or is stationed in a foreign country and is temporarily in the U.S.)

An employee of a foreign airline and the employee is not a national of the country of the airline’s nationality

The I-766 shows “C-17” under Category; the I-688B shows “274a.12 (C)(17)” under Provision of Law.

NOTE: The instructions in section C.3. apply if the B-1 alien is not authorized to work under one of the above situations.

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